§ 16-93-204 — Executive clemency

Arkansas § 16-93-204

• Jurisdiction: Arkansas
• Title: 16

Text

(a) (1) (A) All applications for pardon, commutation of sentence, reprieve, respite, or remission of fine or forfeiture shall be signed by the applicant under oath. (B) For purposes of § 5-53-102 , the application shall be deemed an official proceeding. (2) An applicant shall obtain and include with his or her application a certified copy of the applicant's sentencing order or comparable document. (3) Applications shall be referred to the Post-Prison Transfer Board for investigation. (b) The board shall thereupon investigate each case and shall submit to the Governor its recommendation, a report of the investigation, and all other information the board may have regarding the applicant. (c) (1) As part of the board's investigation, the Chair of the Post-Prison Transfer Board or his or her designee shall have the power to issue oaths and subpoena witnesses to appear and testify and to bring before the board any relevant books, papers, records, or documents. (2) (A) The subpoena shall be directed to any county sheriff, county coroner, or constable of the county in which the designated witness resides or is found. (B) The endorsed affidavit on the subpoena of any person shall be proof of the service of the subpoena. (C) The subpoena shall be served and returned in the same manner as subpoenas in civil actions in the circuit courts are served and returned. (d) (1) Before the board shall consider an application for a pardon or recommend a commutation of sentence, the board shall solicit the written or oral recommendation of the committing court, the prosecuting attorney, and the county sheriff of the county from which the person was committed. (2) (A) Before considering an application for a pardon or recommending a commutation of sentence of a person who was convicted of capital murder, § 5-10-101 , or a Class Y felony, Class A felony, or Class B felony, the board shall notify the victim of the crime or the victim's next of kin, if he or she files a request for notice with the prosecuting attorney. (B) When the board provides notice under subdivision (d)(2)(A) of this section, the board shall solicit the written or oral recommendations of the victim or the victim's next of kin regarding the granting of a pardon or commutation of sentence. (3) The board shall retain a copy of the recommendations in the board's file. (4) The recommendations shall not be binding upon the board in advising the Governor whether to grant a pardon or commute a sentence but shall be maintained in the inmate's file. (5) (A) If a hearing will be held on the application, the board shall notify the victim or the victim's next of kin of the date, time, and place of the hearing. (B) The notice shall be given when soliciting the recommendations of the victim of the crime or the victim's next of kin. (e) At least thirty (30) days before submitting to the Governor a recommendation that an application for pardon, commutation of sentence, or remission of fine or forfeiture be granted, the board shall: (1) Issue a public notice of its intention to make such a recommendation; and (2) Send notice of its intention to the circuit judge who presided over the applicant's trial, the prosecuting attorney, and the county sheriff of the county in which the applicant was convicted and, if applicable, to the victim or the victim's next of kin if the victim or the victim's next of kin registered for notification with the prosecuting attorney under § 16-21-106(c) . (f) Whether the board recommends that an application for pardon, commutation of sentence, or remission of fine or forfeiture be granted or denied by the Governor, the board shall issue public notice of each recommendation.

Legislative History

Amended by Act 2023, No. 659,§ 167, eff. 1/1/2024. Acts 1968 (1st Ex. Sess.), No. 50, § 32; A.S.A. 1947, § 43-2811; Acts 1991, No. 706, § 2; 1993, No. 530, § 5; 1993, No. 547, § 5; 2005, No. 1975, § 3.